KARNAL IMPROVEMENT TRUST versus RAM PARKASH AND ORS.

KARNAL IMPROVEMENT TRUST versus RAM PARKASH AND ORS.

The Tribunal's award having been set aside as non est due to improper constitution, there is in law no executable award. Pending a fresh award, respondents cannot execute the decree; any amount paid shall abide by the result of the fresh award.

Parties
Appellant: Karnal Improvement Trust; Respondent: Ram Parkash and Ors.
Jurisdiction
India
Judgment Date
21 March 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order of Punjab & Haryana High Court, After Earlier Supreme Court Remand
Outcome
Appeal disposed of; no costs.
Legal Topics
Compensation Determination, Execution Proceedings, Setting Aside of Award
Land Acquisition Compensation Determination Execution Proceedings Setting Aside of Award

Case Brief

Summary, issues, holding and outcome

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Parties

Karnal Improvement Trust

Appellant

Ram Parkash and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order of Punjab & Haryana High Court, After Earlier Supreme Court Remand

Legal Issues

  1. 1 Whether the execution application is maintainable when the award of the Tribunal has been set aside as non est and pending fresh award determination
  2. 2 Status of amounts deposited by the appellant when the award is set aside

Ratio Decidendi

The Tribunal's award having been set aside as non est due to improper constitution, there is in law no executable award. Pending a fresh award, respondents cannot execute the decree; any amount paid shall abide by the result of the fresh award.

Court Disposition

Appeal disposed of; no costs.

Orders

  • Respondents cannot execute the decree until a fresh award is made in accordance with law.
  • Any amount already paid to respondents will be subject to the result of the fresh award.